Legal Opinion

Town of Nags Head v. Matthew Toloczko

Court of Appeals for the Fourth Circuit

Decided August 27, 2013No. 12-1537PublishedCited by 120 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge DIÁZ wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.

DIAZ, Circuit Judge:

We heard argument in this case in concert with the related appeal of Sansotta v. Town of Nags Head, 724 F.3d 533, No. 12-1538, 2013 WL 3827471 (4th Cir.2013). Both suits involve a slew of federal and state law claims concerning the legality of efforts by the Town of Nags Head, North Carolina (the “Town”), to declare beachfront properties that encroach onto “public trust lands” a nuisance, and regulate them accordingly. The district court adjudicated the…

2Cases cited27 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Spencer v. KemnaSupreme Court of the United States · 1998
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  5. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996

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3Cited by120 opinions

  1. Thomas Porter v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2017
  2. Gary Wall v. James WadeCourt of Appeals for the Fourth Circuit · 2014
  3. Courthouse News Service v. George SchaeferCourt of Appeals for the Fourth Circuit · 2021
  4. Howard v. College of the AlbemarleDistrict Court, E.D. North Carolina · 2017
  5. Maages Auditorium v. Prince George's CountyDistrict Court, D. Maryland · 2014

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